MDCDEV API Terms of Service
Effective date: August 8, 2024
Posted date: August 8, 2024
Welcome to MDCDEV API, a platform that allows you to use various third-party APIs, including but not limited to Discord, Twitter, and GitHub, free of charge.
Throughout this document, we use the word “Terms” to refer to the terms below, any additional terms applicable to specific APIs, and any applicable policies and guidelines. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict.
Section 1: Acceptance of the Terms and Registration
a. Accepting the Terms
By accessing or using our APIs, you agree to comply with the Terms and that the Terms control your relationship with us. You are also agreeing that (i) you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms. Please read all the Terms carefully.
You may not use the APIs and may not accept the Terms if you are a person barred from using or receiving the APIs under the applicable laws of Peru, the United States, or other countries, including the country in which you are resident or from which you use the APIs.
If you are using the APIs on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms, and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
b. Registration
In order to access certain APIs, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You must provide accurate and up-to-date registration information at all times. We will use the information you submit in accordance with our Privacy Policy.
Section 2: User Privacy and Security
a. Implement Good Privacy Practices
You will comply with all applicable privacy laws and regulations, including those applying to personally identifiable information ("PII"). You will provide and adhere to a privacy policy for your application that uses the API (your “API Client”) that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information with MDCDEV and third parties.
b. Implement Good Security
You will use commercially reasonable efforts to protect data collected by your API Client, including PII, from unauthorized access or use. These efforts will include, but are not limited to, encryption of this data at rest. You will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
Section 3: API Clients and Monitoring
The APIs are designed to help you enhance your API Client. You agree to respond promptly to our requests to verify and audit your compliance with these Terms. YOU AGREE THAT MDCDEV MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE MDCDEV PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include MDCDEV accessing and using your API Client, for example, to identify security issues that could affect MDCDEV or its users. You will not interfere with this monitoring. MDCDEV may use any technical means to overcome such interference.
Section 4: IP, DMCA, and Confidentiality
a. IP Ownership, Open Source, and Feedback
MDCDEV does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
Some of the software required by or included in our APIs may be offered under an open-source license. Open-source software licenses constitute separate written agreements. For certain APIs, open-source software is listed in the documentation. To the limited extent the open-source software license expressly supersedes the Terms, the open-source license instead sets forth your agreement with MDCDEV for the applicable open-source software.
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.
b. DMCA Policy
We cannot determine whether something is being used legally or not without the copyright holder’s input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and MDCDEV's policy about responding to notices in our Terms of Service.
c. Confidential Matters
- Developer credentials (such as passwords, keys, and client secrets) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open-source projects.
- Our communications to you and our APIs may contain MDCDEV confidential information. MDCDEV confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without MDCDEV's prior written consent unless required by law with reasonable prior notice to us (unless a court orders that we not receive notice).
Section 5: Content
a. Content Accessible Through our APIs
Our APIs contain some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available, and you are solely responsible for your decision to use or distribute any of this content. While we may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content, we make no representations or warranties about the content, its appropriateness, legality, pedigree, or other details. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
b. Submission of Content
Some of our APIs allow the submission of content. MDCDEV does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in these Terms. For the sole purpose of enabling MDCDEV to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable MDCDEV privacy policies, you give MDCDEV a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
Section 6: Brand Features; Attribution
a. Brand Features
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of MDCDEV’s Brand Features (including any goodwill associated therewith) will inure to the benefit of MDCDEV. All use by us of your Brand Features (including any goodwill associated therewith) will inure to your benefit.
b. Attribution
You agree to display any attribution(s) required by MDCDEV as described in the documentation for the API. MDCDEV hereby grants you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display MDCDEV’s Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the MDCDEV Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using MDCDEV’s Brand Features, you must follow the MDCDEV Brand Features Use Guidelines. You understand and agree that MDCDEV has the sole discretion to determine whether your attribution(s) and use of MDCDEV's Brand Features are in accordance with the above requirements and guidelines.
c. Publicity
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by MDCDEV without a MDCDEV officer’s prior written approval.
d. Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated MDCDEV products, MDCDEV may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
Section 7: Termination
a. Termination
You may stop using our APIs at any time with or without notice. MDCDEV reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
b. Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the MDCDEV Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. MDCDEV may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
c. Surviving Provisions
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.
Section 8: Liability for our APIs
a. Warranties
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER MDCDEV NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTION OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
b. Limitation of Liability
WHEN PERMITTED BY LAW, MDCDEV, AND MDCDEV’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MDCDEV, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN).
IN ALL CASES, MDCDEV, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
c. Indemnification
Unless prohibited by applicable law, if you are a business, you will defend and indemnify MDCDEV, and its affiliates, directors, officers, employees, and users against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from (a) your misuse or your end user’s misuse of the APIs; (b) your violation or your end user’s violation of the Terms; or (c) any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
Section 9: General Provisions
a. Modification
We may modify the Terms or any portion to reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We will post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the MDCDEV developer portal. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. However, changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API.
b. Governing Law
All claims arising out of or relating to the Terms or the APIs will be governed by the laws of Peru, and will be litigated exclusively in the courts of Peru, and you and MDCDEV consent to personal jurisdiction in those courts.
c. General Legal Terms
The Terms control the relationship between MDCDEV and you. They do not create any third-party beneficiary rights. If you do not comply with the Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
You may not assign these Terms, nor assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of MDCDEV.
Contact Us
If you have any questions about these Terms, please contact us at me@mdcdev.me.